Terms & Conditions
My Credit File and My Credit Alert
You are dealing with Equifax
1. You are sending your personal information to Equifax Australia Information Services and Solutions Pty Limited ABN: 26 000 602 862 ("Equifax") to request the My Credit File or My Credit Alert reports from Equifax.
2. As you appreciate the provision of these reports involves dealing with your personal information including credit reporting information. It is therefore very important that you acknowledge and agree that:
- you are sending your own personal information only;
- you are providing accurate, up to date, complete and not misleading information; and
- the Privacy Act provides a $30,000 penalty for obtaining by false pretence access to an individual's credit file in the possession of a credit reporting agency.
3. You will pay the current price for My Credit File or My Credit Alert as advertised on the web site of Equifax or special offer using any electronic means of payment that Equifax chooses to accept at any given time. Please note that if there is no file pertaining to your request we will advise you of this and refund any payment made in accordance with this clause within a reasonable time.
4. Within one business day after you provide your information and pay Equifax via its website or over the telephone Equifax will dispatch one copy of your credit file (although it may take longer, see Clause 6 below) one time only by your choice of email, fax or mail.
5. Equifax does not guarantee the security or availability of its website, the internet, email, call centre, fax or mail.
Proof of Identity
6. Given that we are dealing with personal information, Equifax takes reasonable steps to satisfy itself that all personal information it dispatches goes to the correct person. Additionally, under section 19.1 of the Privacy (Credit Reporting) Code 2014 (CR Code) we are required to obtain such evidence as is reasonable in the circumstances to satisfy ourselves as to your identity. Accordingly, Equifax may make enquiries to help satisfy itself that you are who you say you are. If the information you send Equifax does not meet current security requirements of Equifax, Equifax may contact you and ask you to provide additional documentation to prove your identity. In this case Equifax may take longer than one business day to dispatch your credit file, and Equifax will not provide a refund for this delay. If you do not provide sufficient information and/or Equifax is not satisfied that you have proved your identity, Equifax may refuse to supply you with the service. In the event that you have already paid for the service a refund will be provided. If after one business day Equifax has neither dispatched your credit file nor contacted you to ask you to provide additional information you may request either a refund or a re-supply of your credit file.
7. For security and related reasons you must provide us with an up-to-date and a valid email address. If for any reasons you change your email address you must notify us of that change immediately. This is essential for you to receive the reports and to do so in a secure manner. You can do this by contacting Equifax on 138 332.
Termination and Renewal
8. Once ordered My Credit File will be dispatched to you and no refund will be provided. You may terminate your subscription to My Credit Alert by giving Equifax 2 weeks' notice. Subject to Clauses 17 to 21 you will not be entitled to any refund upon termination by you. Terminating under this clause does not change the consent for use or disclosure of your personal information provided under these terms and conditions. If you wish to withdraw your consent you must do so in accordance with Clause 13.
9. Where you have ordered the My Credit Alert, your subscription to My Credit Alert will be automatically renewed annually unless you expressly terminate it before the renewal date.
Use of your information by Equifax
10. Equifax and its related companies may, at any time, use and disclose your personal information to:
- manage the provision of reports and related services;
- monitor traffic on the website;
- data management for quality related purposes;
- investigate any complaint made by you or on your behalf, either privately or by a relevant regulator or law enforcement agency.
Direct Marketing Consents
11. Equifax and its related companies may, at any time, use your personal information to send you information about Equifax and its related companies' products and services. This will include promotional material including but not limited to communications of the following kind:
- Promotions on existing or new products;
- Other, if any.
12. Equifax may do so by using a variety of means including:
- electronic means such as emails, SMS, MMS or similar devices;
- hardcopy to your nominated address; and
- subject to Do Not Call Register, call you.
13. In doing so, Equifax will be expressly relying on the consent that you have provided on the website when you ordered the My Credit File or My Credit Alert report. At all times you are free to choose not to receive some or all of the marketing communications sent by Equifax or on the behalf of Equifax. In order to exercise that choice you need to communicate that to:
PO BOX 964
North Sydney NSW 2059
Or call us on 138 332
In doing so, Equifax may disclose any of this information to its related bodies corporate or service providers of Equifax or its related bodies corporate where such disclosure is required to conduct the marketing activities set out above.
Important Legal Notice
Privacy Act 1988 (Cth)
14. Subject to certain exemptions, you have a right to access personal information that we hold about you. Please note that under the Credit Reporting Code of Conduct , you may be entitled to access your credit report without a fee.
15. Your credit file is based on information provided to Equifax by credit providers in accordance with the Privacy Act 1988. Equifax does not independently check the information supplied to it and Equifax does not guarantee the accuracy of that information. You have rights to correct your credit file in accordance with the Privacy Act.
16. By ordering My Credit File or My Credit Alert, you are not changing any of the existing rights and obligations as these relate to credit providers and credit reporting agencies respectively or any other third party. These remain governed by the Privacy Act and are not incorporated expressly or impliedly into these terms and conditions.
Competition and Consumer Act 2010 (Cth)
17. Certain legislation may imply warranties or conditions or impose other obligations including statutory consumer guarantees which cannot be excluded, restricted or modified except to a limited extent. These terms and conditions must be read subject to those statutory provisions.
18. To the extent permitted by law, we exclude all express or implied representations, guarantees, conditions, warranties and terms relating to the supply of the My Credit File and My Credit Alert service that apply under or are implied by statute, custom, law or otherwise, except those set out in these terms and conditions.
19. If in our supply of the My Credit File and My Credit Alert service we are liable for a breach of any guarantee, warranty, condition or other term that applies under the Competition and Consumer Act 2010 or is implied by any state or territory law that cannot be excluded, our liability under that legislation is limited, to the extent permitted by law, to the re-supply of the My Credit File and My Credit Alert service or the payment of the costs of having the My Credit File and My Credit Alert service supplied again, whichever we elect. In our absolute discretion and instead of either of the foregoing two options, we may elect to refund to you the amount you have paid us for the My Credit File and My Credit Alert service to which your claim relates.
20. To the extent permitted by law, we are not liable to you or to anyone else for any loss or damage (including without limitation loss of profit, revenue or business, indirect, consequential, special or incidental loss or damage) which arises or might arise if it were not for this clause.
21. If you are dissatisfied and that dissatisfaction is, in the opinion of Equifax based on objective evidence is well founded, Equifax will refund the price payed for the report.
IP Rights and Use of Information
22. Equifax has copyright and other rights in the compilation of the information Equifax uses to supply the My Credit File and My Credit Alert reports to you. Equifax grants you a non-exclusive licence to use such a report for your own personal use only.
23. Equifax can vary these terms and conditions at any time by prior written notice of at least 14 days on its website.
24. These terms and conditions are governed by the laws of New South Wales and both Equifax and you submit to the non-exclusive jurisdiction of the courts of that state.